There is sufficient evidence of impeachable offenses by Dilma
Article on indications of crimes of responsibility in the complaint against president Dilma Rousseff, Migalhas, 2016.
Translated from the original.
From the Migalhas Newsletter:
“ In addition to the satisfaction of the formal requirements by the complaint, there is sufficient evidence of the commission of impeachable offenses by President Dilma Vana Rousseff in her current term .”
The conclusion of respected lawyer Fábio Medina Osório is part of the monograph “Impeachable Offenses of the President of the Republic – Reflections and Contributions for the Analysis of the Impeachment Proceeding of Dilma Vana Rousseff, Based on the Complaint of Hélio Pereira Bicudo, Miguel Reale Junior and Janaína Conceição Paschoal.”
The jurist, doctor in Administrative Law from the Complutense University of Madrid, lists as just cause for opening the proceeding in the Senate and for investigating the facts in the upper house the following events that occurred in 2015:
practice of “fiscal pedaling,” by act or omission, with intent or serious negligence, in violation of arts. 10, numbers 6, 7, 8, and 9, and 11, numbers 2 and 3, of law 1,079/50, and of arts. 84, II, and 85, VI and VII, of the Federal Constitution; and
issuance of the so-called “unnumbered decrees,” by commission, with intent in the conduct, in violation of arts. 10, items 4 and 6, and 11, item 2, of law 1,079/50, art. 4 of the LOA/15, arts. 8, sole paragraph, and 9, of the fiscal responsibility law , and arts. 85, VI, and 167, V, of the CF.
In the substantial monograph, Fábio Medina Osório also draws the following conclusions:
impeachable offenses are political-constitutional in nature, while the impeachment procedure can be classified as political-legal;
the acts performed by the Chamber of Deputies and the Federal Senate in the context of the impeachment procedure of the President of the Republic are subject to review by the Judiciary, provided that:
– violation of procedural and formal rights and guarantees assured by the Constitution of the Republic and Law No. 1,079/50 is alleged;
– the observance of due process of law and of the rules of competence that constitute it in the case is sought;
– let there be no attempt at review on the merits of a parliamentary deliberation, it being for the Houses of the National Congress, sovereignly, to assess facts and evidence in matters of impeachment, in giving concrete content to the indeterminate concepts of the typical legal definition of impeachable offenses, namely:
– in the assessment of whether or not to accept the complaint by the President, the Special Committee, or the Plenary of the Chamber of Deputies, as to the existence or not of just cause;
– in the judgment of whether or not to open the proceeding by the Special Committee of the Federal Senate, as to the existence or not of just cause;
– in the judgment of indictment or non-indictment by the Upper Chamber; or
– in the judgment of conviction or acquittal by the Federal Senate.
See the full text of the work .